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Irvine, Calif — Dec 31, `07 /PRNewswire-FirstCall via COMTEX News Network/ — Broadcom announced that a federal judge today issued an injunction against Qualcomm’s continued infringement of three Broadcom patents.

As ordered by US District Court Judge James V. Selna, the injunction prohibits Qualcomm from making, using and selling certain chipsets and software that infringe the three Broadcom patents. Qualcomm is also barred from engaging in a range of marketing and customer support activities related to its WCDMA (Wideband Code Division Multiple Access) and EV-DO (EVolution-Data Only) chips, which are used to process data on high-speed wireless networks.

A Qualcomm spokeswoman said the company was reviewing the ruling and declined further comment. Qualcomm, based in San Diego, is the world’s second-largest chip supplier for mobile phones after Texas Instruments Inc. It earns much of its money from licensing fees on its patented technology.

Broadcom, based in Irvine, California, is a newcomer to the cell phone business but gained ground in 2007 in a wide-ranging court battle with Qualcomm.

In May 2007, a jury awarded Broadcom $19.6 million in damages for the same chip patents. In November, Selna indicated he would up the award to $39.3 million, but reversed himself when a a federal appellate court raised the bar for proving willful patent infringement.

The judge then took up the question of whether future sales of the chips should be stopped, resulting in Monday’s order.

“The ITC order did not go nearly as far in prohibiting other activities from Qualcomm,” said David Rosmann, vice president of intellectual property litigation with Broadcom. “The U.S. District Court order has in some respects much broader remedies. So the activities that are going to be barred by this injunction go a long way to stopping Qualcomm’s continued operations in support of these infringing chips.”

Broadcom is also suing Qualcomm on other patent infringement and antitrust claims, Rosmann said. The antitrust case is expected to go to trial in 2009. More at Broadcom.

Sacramento, Calif and Washington — Dec 06, ‘07 /PRNewswire-USNewswire/ –Today, Governor Arnold Schwarzenegger announced the appointment of Teresa (Teri) Takai as California’s first Cabinet-level Chief Information Officer (CIO). This position was created by a bill sponsored by AeA at the behest of its members long frustrated by their inability to offer IT products and services to the government overseeing the world’s sixth largest economy.

“This is a significant achievement for California and our member companies,” said Roxanne Gould, Senior Vice President, CA Government & Public Affairs. “AeA actively pursued this piece of legislation because the high-tech industry believes an empowered State CIO will have the ability to make California less risk averse where buying technology is concerned. Given the sheer size of California, and its tradition of enacting path-breaking legislation, we are very excited to have been the impetus for this milestone accomplishment.”

Since 2003, Takai has served as director of the Michigan Department of Information Technology (MDIT), where she also serves as the state’s chief information officer. More at PRNewsWire.

IRVINE, Calif — Dec 05, ‘07 — The herbal extract of a yellow-flowered mountain plant indigenous to the Arctic regions of Europe and Asia increased the lifespan of fruit fly populations, according to a University of California, Irvine study.

Flies that ate a diet rich with Rhodiola rosea, an herbal supplement long used for its purported stress-relief effects, lived on an average of 10 percent longer than fly groups that didn’t eat the herb. Study results appear in the online version of Rejuvenation Research.

“Although this study does not present clinical evidence that Rhodiola can extend human life, the finding that it does extend the lifespan of a model organism, combined with its known health benefits in humans, make this herb a promising candidate for further anti-aging research,” said Mahtab Jafari, a professor of pharmaceutical sciences and study leader. “Our results reveal that Rhodiola is worthy of continued study, and we are now investigating why this herb works to increase lifespan.”

In their study, the UC Irvine researchers fed adult fruit fly populations diets supplemented at different dose levels with four herbs known for their anti-aging properties. The herbs were mixed into a yeast paste, which adult flies ate for the duration of their lives. Three of the herbs – known by their Chinese names as Lu Duo Wei, Bu Zhong Yi Qi Tang and San Zhi Pian – had no effect on fruit fly longevity, while Rhodiola was found to significantly reduce mortality. On average, Rhodiola increased survival 3.5 days in males and 3.2 days in females.

Rhodiola rosea, also known as the golden root, grows in cold climates at high altitudes and has been used by Scandinavians and Russians for centuries for its anti-stress qualities. The herb is thought to have anti-oxidative properties and has been widely studied.

Soviet researchers have been studying Rhodiola since the 1940s on athletes and cosmonauts, finding that the herb boosts the body’s response to stress. And earlier this year, a Nordic Journal of Psychiatry study on people with mild-to-moderate depression showed that patients taking a Rhodiola extract called SHR-5 reported fewer symptoms of depression than did those who took a placebo.

Jafari said she is evaluating the molecular mechanism of Rhodiola by measuring its impact on energy metabolism, oxidative stress and anti-oxidant defenses in fruit flies. She is also beginning studies in mice and in mouse and human cell cultures. These latter studies should help understand the benefits of Rhodiola seen in human trials. More at University of California, Irvine.

Dec 05, ‘07 — A long-running California lawsuit over whether all megabytes and gigabytes are created equal may have reached its end on Friday, reports Declan McCullagh of CNET News.

The article further describes, “the class action lawsuit, against Kodak, Sandisk, Lexar Media, and other memory card makers, says a binary definition is appropriate, meaning that one megabyte equals 1,048,576 bytes and that the memory card sizes were overstated by 4 percent to 5 percent.

When memory capacity was smaller, the difference didn’t mean much. A decimal kilobyte, at 10^3=1,000 wasn’t very different from 2^10=1,024.

But as capacity grows, the differences become more significant (technically, the ratio between the decimal and binary representations increases). This explains why your new terabyte drive isn’t as capacious as you hoped it might be. A 10^12=1,000,000,000,000 decimal terabyte is roughly 10 percent smaller than the binary equivalent of 2^40=1,099,511,627,776.

At this point it’s reasonable to note that there actually are terms that avoid all this confusion, and those include IEEE 1541 terms Gibibyte and Tebibyte.

More at CNET News.

Dec 05, ‘07 — LA Times is reporting on the U.S. 9th Circuit Court of Appeals on Monday, Dec 04, reaffirming its earlier support for the socially redeeming value of searching the Internet for nudie pictures.

LA Times further writes, “The San Francisco court, in reviewing a case it initially considered in May, reiterated its finding that Google could display tiny versions of photographs by Perfect 10 Inc., a Beverly Hills-based adult publisher, in search results, even when those images were copyrighted.

The court said, Google met that test. The justices ruled that a larger public interest in searching for information — or, in this case, images of partially clad women — amounted to a “transformative use” that trumped Perfect 10’s copyright claims.

The court overturned part of a ruling by the U.S. District Court in Los Angeles, which had found that Google’s thumbnail-sized images of Perfect 10’s nude models constituted infringement. The lower court imposed an injunction barring the use of the images, but the appeals court invalidated that decision.” More at LA Times.

Los Angeles, Calif — Dec 03, ‘07 — A federal judge on Monday threw out an antitrust lawsuit brought by the operator of the LimeWire online file-sharing service against a coalition of major record labels, concluding the firm failed to make its case that it has been harmed by the recording companies’ business practices, Alex Veiga of the Associated Press reported.

U.S. District Judge Gerard E. Lynch in New York ruled that Lime Group LLC failed to make its case that it has been harmed by the recording companies’ business practices, and he granted the companies’ motion to dismiss the claims.

Lynch also dismissed several claims brought under state laws “without prejudice,” which gives New York-based Lime Group the option to pursue the claims in state court.

Lime Group’s lawsuit was a counterclaim to a copyright infringement lawsuit brought last year against by record labels owned by the four major recording companies: Vivendi’s Universal Music Group, Warner Music Group Corp., Britain’s EMI Group PLC, and Sony BMG Music Entertainment, a joint venture of Sony Corp. and Bertelsmann AG.

That case, which is still pending, was the first piracy lawsuit brought against a distributor of file-sharing software after the U.S. Supreme Court ruled in 2005 that technology companies could be sued for copyright infringement on the grounds they encouraged customers to steal music and movies over the Internet. More at Google/AP.

Nov 29, ‘07 — A developing star wrapped in a black cocoon of dust is seen sprouting giant jets in a new image from NASA’s Spitzer Space Telescope.

The stellar portrait, seen in infrared light, offers the first glimpse at a very early stage in the life of an embryonic sun-like star — a time when the star’s natal envelope is beginning to flatten and collapse, and streams of gas are escaping. The observations will ultimately help astronomers better understand how stars and their planets form.

“This is the first time we’ve clearly seen a flattened envelope around a forming star,” said Leslie Looney of the University of Illinois at Urbana-Champaign, lead author of a study about the star, called L1157, appearing Dec. 1 in Astrophysical Journal Letters. “Some theories had predicted that envelopes flatten as they collapse onto their stars and surrounding planet-forming disks, but we hadn’t seen any strong evidence of this until now.”

Stars are born out of thick clouds, or envelopes, of gas and dust that condense and collapse inward. As a star grows and feeds off the envelope, it spins faster and faster like a twirling ice skater. A disk of planet-forming material begins to take shape in orbit around the star, and jets of gas shoot up from above and below the disk to relieve the star’s accumulating pressure. Eventually, the original envelope falls onto the spinning disk, and the jets slow to a stop.

The regions where all the action takes place are dark and dusty, letting little visible light escape. For example, the embryonic star L1157 appears black in visible-light views. Spitzer’s infrared view of the star, on the other hand, penetrates the dusty haze, giving us a rare look at what our own solar system might have looked like when it was very young.

The bipolar jets shooting away from L1157 are enormous; light itself would take about nine months to travel the length of one jet. The color white shows the hottest parts of the jets, with temperatures around 100 degrees Celsius (212 degrees Fahrenheit). Most of the material in the jets, seen in orange, is roughly zero degrees on the Celsius and Fahrenheit scales.

The flattened envelope around the fledgling star is perpendicular to the jets and appears deep black. This is because it is so thick with dust that even infrared light cannot escape. The envelope is big enough to engulf the equivalent of tens of thousands of mature solar systems similar to our own, while the planet-forming disk tucked inside cannot be seen in this photo – it is smaller than a pixel.

L1157 is located about 800 light-years away in the constellation Cepheus. It is roughly 10,000 years old, and, according to astronomers’ estimates, will ignite to become a full-fledged star about the mass of our sun in a million years or so.

“Taking baby pictures of stars is not easy to do,” said Looney. “Now that we have a good picture, we can begin to ask questions about whether this star system and its potential planets will grow up to become like ours.”

Other authors of this study include John J. Tobin of the University of Michigan, Ann Arbor, and Woojin Kwan of the University of Illinois.

More at NASA.

San Francisco, Calif — Nov 27, ‘07 — Google said on Tuesday it plans to spend hundreds of millions of dollars to help drive down the cost of electricity made from renewable energy below the price of coal.

The project, which Google is calling RE<C, using mathematical symbols to denote “renewable energy cheaper than coal,” will be based in Google’s research and development group and is hiring dozens of engineers and targeting investment financing at advanced solar thermal power, wind power, enhanced geothermal systems and other new technologies, Google said.

The Web services and online advertising group will be a big customer for the project, running computers and networks on the electricity and selling back what’s left to the power grid.

“Our goal is to produce one gigawatt of renewable energy capacity that is cheaper than coal. We are optimistic this can be done in years, not decades,” Larry Page, Google’s co-founder and president of products, said in a statement.

A gigawatt can power a city the size of San Francisco. An analyst at broker Raymond James noted the entire US solar cell generation capacity at the end of 2006 was only just over half a gigawatt, while 11.6 gigawatts came from wind power.

“We see technologies we think can mature into very capable industries that can generate electricity cheaper than coal,” Page further added, “and we don’t see people talking about that as much as we would like.”

The company also said that Google.org, the philanthropic for-profit subsidiary that Google seeded in 2004 with three million shares of its stock, would invest in energy start-ups.

As part of the initiative, executives at Google.org said they are working with two companies that have “promising, scalable energy technologies.” One of these, eSolar, based in Pasadena, Calif., uses thousands of small mirrors to concentrate sunlight and generate steam that powers electric generators. The other, Makani Power of Alameda, Calif., is developing wind turbines that will run on powerful and generally more predictable winds at high altitudes.

Page, in an interview, said that failing to investigate new businesses could hurt Google more than any potential distraction. “If you look at companies that don’t do anything new,” he said, “they are guaranteed never to get bigger. They miss a lot of opportunities and they miss the next big things.”

In a conference call Tuesday with reporters, Sergey Brin, Google’s other founder and president of technology, said the effort was motivated in part by the company’s frustrating search for clean, cheap energy alternatives.

“It’s very hard to find options that aren’t coal-based or other dirty technologies,” he said. “We don’t feel good about being in that situation as a company. We feel hypocritical. We want to make investments happen so there will be alternatives for us to use down the road.” Both founders declined to specify what the company now spends on energy.

Idealism is hardly new at Google. In their Letter From the Founders before the company’s 2004 initial public stock offering, Page and Brin wrote: “Our goal is to develop services that significantly improve the lives of as many people as possible. In pursuing this goal, we may do things that we believe have a positive impact on the world, even if the near-term financial returns are not obvious.”

Google does not disclose the energy consumed in powering its online services, but local energy experts say it ranks as one of Silicon Valley’s biggest energy customers.

“As Google grows, we don’t want our core business to be part of the problem. We want to be part of the solution,” said Larry Brilliant, head of Google.org, the company’s philanthropic arm which will direct the energy investments.

Brin said he felt the company would be “hypocritical” not to do something. Google and its founders are big promoters of electric cars and the roof of its headquarters in Mountain View, California, supports a large solar energy installation.

The push comes as oil prices near $100 a barrel and coal, which generates 40 percent of the world’s electricity, faces regulatory and environmental pressures that may boost prices.

Google plans to spend tens of millions of dollars in 2008 on renewable energy development and other efforts. Its initial focus will be solar thermal and enhanced geothermal systems.

Eventually, the company would spend hundreds of millions of dollars in for-profit “breakthrough renewable energy projects.” Hydroelectric and nuclear energy are not part of the project.

Page believes no more than 1,000 researchers worldwide are focused on renewable energy cheaper than coal. “We would really like to get those people in one room and give them resources.” More at Google.

IRVINE, Calif — Nov 23, ‘07 — Chip maker Broadcom said Friday it will try to stop rival Qualcomm from making, using, selling or developing cellular chips based on contested patents.

It’s the latest legal cannonball hurled by Broadcom in its wide-ranging court battle with industry Goliath Qualcomm over the rights to technology for cell phones.

The move comes two days after Broadcom chose to accept a reduced damage award of $19.6 million rather than retry its case against Qualcomm in a California federal court.

U.S. District Court Judge James V. Selna initially indicated he would award Broadcom $39.3 million in damages, double what a jury awarded in May. The panel found that Qualcomm willfully violated three of Broadcom’s patents on technologies that help cell phones process video and walkie-talkie conversations and hand off calls between different networks.

Selna overturned his own ruling after a federal appellate court raised the bar for proving patent infringement. That ruling came in a dispute between an individual investor and the Massachusetts Institute of Technology against Seagate Technology, the world’s largest maker of hard drives.

Broadcom spokesman Bill Blanning said the company was glad Selna allowed the original jury verdict to stand and hoped he would grant the company’s request for an injunction on Qualcomm’s production of third-generation WCDMA and EV-DO cellular chips.

Qualcomm plans to ask the judge to approve a system of royalty payments by its customers to Broadcom in lieu of ordering an injunction, said spokeswoman Christine Trimble. Earlier this year, Verizon Wireless agreed to pay Broadcom $6 for each phone with a patent-infringing Qualcomm chip — up to $40 million a quarter or $200 million over the life of the agreement.

Qualcomm, based in San Diego, is the world’s second-largest chip supplier for mobile phones after Texas Instruments but earns much of its money from licensing fees on its patented technology. Broadcom, based in Irvine, is a newcomer to the cell phone business but has scored several legal victories against Qualcomm this year.

Qualcomm is also embroiled in several legal battles with leading mobile phone maker Nokia. They are currently in arbitration proceedings after failing to renew a technology license agreement that expired in April. More at Broadcom.

SANTA ROSA, CA –Marketwire– Nov 21, ‘07 — Burst.com today announced today that it has signed an agreement in principle to settle its case against Apple ending almost 2 years of litigation. Apple agreed to pay Burst a one-time payment of $10 million cash in exchange for a non-exclusive license to Burst’s patent portfolio, not including one issued U.S. patent and 3 pending U.S. patent applications related to new DVR technology. Burst agreed not to sue Apple for any future infringement of the DVR patent and any patents that might issue from the pending DVR-related applications.

The $10 million patent license provides Apple with the right to use Burst’s intellectual property in its own technology and products, without further consideration. Burst, however, retains the right to enforce its patent portfolio against others.

Court costs, expenses and attorney’s fees in connection with the settlement of the litigation with Apple will reduce proceeds to the Company to approximately $4.6 million. According to the agreement, payment to Burst is to be made promptly after signing of a definitive settlement agreement. Burst’s Board of Directors has indicated that it will be considering a cash distribution to Burst’s shareholders from the Apple license fee, in an amount to be determined. More at MarketWire, Court Order Notice at Burst.com

San Jose, CA — Nov -6, ‘07 — A company whose name sounds like eBay’s has lost its appeal of a court ruling that protected the online auctioneer from ‘trademark dilution’ by e-commerce rivals with similar-sounding names.

A three-judge panel of the 9th U.S. Circuit Court of Appeals unanimously upheld a lower court’s ruling in September 2005 against Perfumebay.com and Perfume-bay.com. EBay had argued that the names confused customers, who might think they were on an official eBay site.

Circuit Judge Johnnie B. Rawlinson wrote that Perfume Bay’s conjoined name in a Web address was ‘nearly identical’ to eBay’s and could prompt customers to ‘disassociate the eBay mark with eBay’s services.’ The sites must get a new name, according to the appellate panel’s decision Monday.

EBay has for years has waged legal fights against Web sites with all sorts of names that end with ‘bay.’ It has closed down AutoBay, RentBay and other sites. San Jose-based eBay, one of world’s largest e-commerce companies, argued that Perfumebay.com was particularly confusing because it contains the exact spelling ‘ebay.’ More at Y!.

October 26, ‘07 — Wireless subscribers of Sprint Nextel Corp. may no longer have to buy a new phone if they jump to a new carrier.As part of a proposed class-action settlement, the Reston, Va.-based provider, with operational headquarters in Overland Park, Kan., has agreed to provide departing Sprint PCS customers with the code necessary to unlock their phones’ software.

That would allow the phones to operate on any network using code division multiple access technology, or CDMA. Competitors using that technology include Verizon Wireless and Alltel Corp.

The codes won’t work for Sprint’s Nextel-branded phones, which use iDEN technology, and don’t allow switching to AT&T or T-Mobile, which use global system for mobile communication, or GSM, technology.

Sprint made the offer as part of the proposed settlement of a California class-action lawsuit, filed last year, accusing the company of anticompetitive practices. The plaintiffs claimed the software “lock” forced anyone wanting to switch carriers to buy a new phone, throwing up a barrier to competition.

Sprint said it will share the unlocking code with all current and former subscribers once their phones are deactivated and their bills are paid. The company also will add information about the locking software and how to obtain the unlocking codes in the list of terms and conditions of service given to new customers, and instruct its customer service representatives on how to connect a non-Sprint phone to the Sprint network.

T-Mobile faces a similar class-action lawsuit in California. Users of the iPhone, which is locked to the AT&T network, filed two separate lawsuits last week against the carrier and Apple Inc., claiming its use restrictions and a software upgrade that disables unlocked iPhones constituted unfair business practices.

More at AP

The AP reports, “HOLLISTER, Calif. (AP) — Deborah Evanoff thought she’d traded her frantic Silicon Valley career for a lazier pace when she took over the low-tech toy company her parents founded in the late 1960s. Instead, she’s ramping up Arrowcopter Inc.’s manufacturing operations and getting a record number of orders from retailers in 11 countries. More people are buying the slingshot-like gizmo, which starts at $4 and - as the packaging proudly proclaims - is made in the United States.

As consumers look for alternatives to Chinese-made toys following a series of recalls this year, dozens of small toy companies are struggling to meet surging demand. Some owners report online sales up as much as fivefold from last year. They’re hiring extra workers, expanding warehouses and adding extra assembly shifts.

“Every time there’d be a new recall this summer, we’d get a huge new order,” Evanoff said as she watched contract manufacturers stuffing neon-colored copters, rubber bands and wooden sticks into plastic packages. “We didn’t stop all summer long.”

Experts say the boutique American toy boom won’t last beyond the recalls, which started this summer. So far, more than 21 million toys made in China - from Baby Einstein Discover & Play Color Blocks from Kids II Inc., to Thomas & Friends Wooden Railway by RC2 Corp. - have been found to contain excessive levels of lead paint, tiny magnets that could be swallowed or other potentially serious problems.

Retailers such as FAO Schwartz Inc. and Toys “R” Us Inc. downplay the recalls, saying they aren’t likely to dent holiday sales or significantly change their orders. About 80 percent of toys sold in the United States are made in China.”

More at AP

SAN FRANCISCO — California Attorney General Edmund G. Brown Jr. today announced a “groundbreaking settlement” with AT&T Mobility (formerly Cingular) that will prohibit the cell phone carrier from charging customers for any calls made after their phones are lost or stolen. Brown alleged that the company violated California law, including Public Utilities Code section 2890, which bars phone companies from charging customers for unauthorized services.

“No cell phone company should profit from calls made by thieves or unauthorized users,” Brown said. The judgment requires AT&T Mobility to inform each of their customers of their legal rights regarding lost or stolen phones. Under the agreement, AT&T must either credit the disputed charges or inform customers of their legal rights which include:

• The right to have the case investigated within 30 days
• The right to provide information showing a customer did not authorize the calls
• The right not to pay disputed charges during the investigation
• The right to appeal the outcome of an investigation to the California Public Utilities Commission

AT&T must notify customers–in writing–of these new requirements and assist customers to obtain credit for amounts already paid on lost or stolen phones, back to year 2003. AT&T will also pay the Attorney General’s Office $500,000 for costs of the investigation and for the Unfair Competition Law Fund, administered by the California District Attorneys Association.

“This groundbreaking settlement makes AT&T the first cell phone company that has agreed to protect its customers from cell phone rip-offs and other unauthorized uses,” Brown said. “It is now time for the rest of the cell phone industry to step forward and follow AT&T’s example,” Brown added.

More at Offic of the AG, CA, Judgement